OCTOBER

2004

Mental impairment liability not reduced by physical TTD

not attributable to the mental impairment.

  The court of appeals affirmed. The court concluded that § 8-41-301(2)(b) unambiguously contemplates an examination of the reason for the temporary disability benefits, and that only temporary disability benefits paid due to mental impairment are subject to the offset against temporary disability benefits. Thus, where temporary disability benefits are paid solely because of the physical injury, they cannot be used as an offset against mental impairment liability.

C.R.S. § 8-41-301(2)(b), the PPD award for mental impairment should be reduced by the amount of TTD benefits awarded. Section 8-41-301(2)(b) states in pertinent part that where a claim is by reason of mental impairment, the claimant is limited to twelve weeks of medical impairment benefits, “inclusive of any temporary disability benefits.” The Industrial Claim Appeals Office (ICAO) disagreed with employer, and held that the statute did not require reduction of the mental impairment benefits by the TTD benefits paid to claimant because the TTD benefits were

Know the landscape of subrogation

 

By Clyde E. Hook, Esq., & Cheryl A. Martin, Esq.

Sears Distribution Center v. ICAO, 04CA277 (October 21, 2004): Claimant sustained an industrial injury to his right shoulder and neck in October 1999. He received six weeks of temporary total disability (TTD) benefits for his physical injuries and reached maximum medical improvement in August 2000. Following a hearing, the administrative law judge (ALJ) awarded claimant permanent partial disability (PPD) benefits based upon a 33% whole person impairment rating that included 5% for mental impairment.

  On appeal, employer argued that under

Practice Pointer

written or recorded statements from witnesses, photographing the scene of the accident, identifying the third-party tortfeasors, securing/retaining the machinery or property involved in the accident and maintaining all investigative reports and documentation involved. Such documents include contracts with vendors, service agreements, requests for repairs, accident reports, internal investigations and videotape of the premises of the accident which may be recorded by security cameras.

  Vigorous defense of the underlying workers’ compensation claim is important to reduce and defeat claims by the tortfeasor that the insurer overpaid benefits. Proper and accurate calculations of average weekly wage, TTD and PPD benefits, and the timely cessation of payment all reduce

The Colorado Workers’ Compensation Act mandates that an insurance carrier which provides benefits to an injured worker has a statutory right of subrogation against the third-party who caused the injury. C.R.S. § 8-41-203 provides in part that the payment of compensation pursuant to the Act operates as an assignment from the worker to the insurance carrier liable for the payment of such compensation. The right of subrogation applies to and includes all compensation and all medical, hospital, dental, funeral and other benefits and expenses to which the worker or, if deceased, the worker’s dependents, are entitled to under the Act, and for which the employer or insurance carrier is liable or has assumed liability. The assigned or subrogated cause of action extends to all amounts collected from the third party causing injury for all economic damages

and physical impairment and disfigurement damages with certain exceptions. The right of subrogation does not extend to amounts collected for non-economic damages awarded to the worker for pain and suffering, inconvenience, emotional stress, or impairment of quality of life.

  This firm has been successful in recovering subrogation liens for insurers from the third parties responsible for causing injuries to workers in the course and scope of employment. Claims representatives are instrumental in securing such recovery through prompt and thorough investigation and the early recognition of a claim with subrogation potential. Claims with subrogation potential often involve motor vehicle accidents, machinery malfunction, medical malpractice, and slip and falls off the employer’s property.

  Prompt investigation includes obtaining

The Colorado Workers’ Compensation Act mandates that an insurance carrier which provides benefits to an injured worker has a statutory right of subrogation against the third-party who caused the injury. C.R.S. § 8-41-203 provides in part that the payment of compensation pursuant to the Act operates as an assignment from the worker to the insurance carrier liable for the payment of such compensation. The right of subrogation applies to and includes all compensation and all medical, hospital, dental, funeral and other benefits and expenses to which the worker or, if deceased, the worker’s dependents, are entitled to under the Act, and for which the employer or insurance carrier is liable or has assumed liability. The assigned or subrogated cause of action extends to all amounts collected from the third party causing injury for all economic damages

and physical impairment and disfigurement damages with certain exceptions. The right of subrogation does not extend to amounts collected for non-economic damages awarded to the worker for pain and suffering, inconvenience, emotional stress, or impairment of quality of life.

  This firm has been successful in recovering subrogation liens for insurers from the third parties responsible for causing injuries to workers in the course and scope of employment. Claims representatives are instrumental in securing such recovery through prompt and thorough investigation and the early recognition of a claim with subrogation potential. Claims with subrogation potential often involve motor vehicle accidents, machinery malfunction, medical malpractice, and slip and falls off the employer’s property.

  Prompt investigation includes obtaining